Is a repair fee required? How not to pay for major repairs legally

20.10.2019

Russian citizens are expressing increasing dissatisfaction with the need to pay the costs of overhaul, because funds must be paid regardless of whether repairs are needed or not. Therefore, the vital question do i have to pay for repairs, worries now every homeowner.

At the moment, most of the population of the country must allocate a certain amount from their monthly budget, which is sent to the so-called "common pool", but the real possibility of carrying out the repair itself may stretch for 20 or 30 years. Many are now afraid of inflation, which will lead to a significant decrease in the accumulated amount, so they refuse to pay on receipts and are in no hurry to sign contracts. But in this case, bailiffs begin to work, penalties and fines are charged.

Rights of homeowners

In fact, every citizen, in accordance with federal and regional laws, is obliged to pay such contributions. In the new receipts that residents of apartment buildings received in December, an additional line appeared on payment for major repairs, which prescribed the obligation to pay several rubles for each square meter of an apartment. The amount of this fee is determined at the regional level, but the requirement itself has a legislative form in the form of amendments to the Housing Code of the Russian Federation.

Owners have the right to choose the method of accumulating funds for overhaul. For example, they can be placed on the account of a regional operator in the so-called "common pot" or on a special bank account. If the payment for the overhaul of the house, which is accumulated on a special account, is not accepted at Sberbank, you need to conclude an agreement with the overhaul fund. Last option applies to those houses where HOAs have been created. At their general meetings, they had to decide how they would keep the money: in the form of a separate account or in a “cauldron”. The rest of the owners, who turned out to be the majority, had practically no choice, since they automatically found themselves in it, which is explained by the passivity of the residents and unwillingness to participate in meetings.

overhaul program

In accordance with the regional program for the overhaul of houses, posted on the website of the regional operator, cash for its implementation are replenished from different sources. This is payment for homeowners, funds from the regional budget, as well as the Housing and Communal Services Fund. The minimum cost of the overhaul fee is determined by the regional authorities, but if the owners wish at the general meeting, it can be increased. The regional budget is responsible for the implementation of this program.

On the site you can also see when the repair will be carried out. If it has already been done, you need to show the regional operator the contract with the contractor. In this case, the payment for the overhaul apartment building will be less, since the money spent on it can be counted as realized for the repair of the facade, roof, foundation, as well as for internal communications.

How best to pay for overhaul

To date, only residents living in "judicial houses" can not pay receipts for overhaul. Everyone else can accumulate funds on a special account, which is created on the account of a regional operator. This will allow you to control the flow of funds and use them when repairs are really needed. Moreover, this method will make it possible to spend money on the house that collected them.

But it is not suitable for houses that have less than 5 floors, or have shops on the ground floors. The fact is that, according to the law, it is the owners of apartments who are obliged to pay for the repair of these premises. Therefore, it is better for them to raise funds for the “common pot”.

Maybe you don't have to pay?

For any doubts about whether it is necessary to pay for overhaul, it is important to know some subtleties. For example, if there is a debt to pay these expenses, they will be transferred to another owner during the sale of the apartment in the form of unfulfilled obligations. Since many owners are very negative about new additional expenses, this can lead to a large debt. As a result, transactions for the alienation of real estate will be complicated.

To prevent this, the Fund will issue certificates on the state of the debt. To obtain them, you need to present only a passport and a document of ownership. In any case, you need to pay for the overhaul, since all the funds raised are spent strictly for their intended purpose and the fund officials cannot dispose of them. In addition, the regional budget provides additional program co-financing.

Back in 2014 in the bills to pay utilities management companies of apartment buildings included new service. The line “for major repairs” that appeared in the receipts alerted and upset many homeowners. However, in the same year, the first recommendations appeared, which described in detail the ways to help apartment owners not pay for this service on completely legal grounds.

However, in the second part of the Housing Code of the Russian Federation it is written in black and white that the funds that, in which case, will be used for the overhaul of an apartment building, must be stored either in an open account created for this purpose, or in the current account of the management company.

Then how can you not pay for overhaul according to the law? For what reasons do many tenants, apartment owners, refuse to adhere to the rules of the law? Let's take a closer look.

How legitimate is the requirement of the management company to pay funds for overhaul?

This requirement is quite legal and detailed in the Housing Code. At the same time, it can be considered quite objective and useful, since many people have long been aware that the housing stock is, to put it mildly, in a terrible state. And all this can lead to accidents in the next few years. That is, by assuming the obligation to pay a certain amount for overhaul, the homeowner cares primarily about himself, and first of all about his own safety. And is that how it turns out in reality?

According to the law, absolutely all owners of residential premises located in apartment buildings are required to pay for the service. Only low-income citizens who receive benefits and material assistance from the state are considered an exception. In addition to them, veterans of war and labor are completely exempted from paying for overhaul. And only some categories of citizens receive a discount on the service.

For what reasons do apartment owners refuse to pay for the overhaul of the house in which they live?

Consider the most popular reasons why homeowners do not want to pay for a major home renovation:

The program aimed at improving the housing stock was adopted not so long ago, and besides, no specific deadlines for repairs have been set, which means that the money will go nowhere. That is why the owners perceive it as another way to make people pay for it is not clear what.
Tenants must pay for the overhaul of the house, however, at some time attics, porches and basements of the house will be repaired for their money, which will never become their property. In addition, the people are alarmed by what is to be done repair work teams are hired from private firms that carry out commercial activities.
Many owners do not use the property that the management company proposes to bring into proper form. An example of this is the absence of the need to repair the elevator for the inhabitants of the first floor, since they simply do not use it.

Our lawyers know The answer to your question

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What is an overhaul? What do owners have to pay for?

Even if you regularly pay for the overhaul service that is included in your receipt, and are not at all worried about whether you need to contribute funds or not to a special fund, then you may certainly be interested in a list of works performed for your money. This list includes the following:

Restoration of the building and its facade in accordance with modern trends.
Basement renovation.
Roof restoration and roof maintenance.
Reconstruction of the foundation of the house as needed.
Restoration of old elevators or installation of new modern cabins.
Renovation of sewerage systems, water supply, heating and other types of communications.

Based on the above list, it is quite logical that the obligation to pay for major repairs lies with the homeowners. But the question immediately arises, do exactly the same requirements apply to new buildings that were put into operation no more than two years ago? It turns out that according to the Housing Code of the Russian Federation, the residents of such houses also need to regularly pay funds for overhaul with a future perspective. In most cases, it is these arguments that become the most main reason the fact that people living in new buildings refuse to pay fees for services they do not understand.

How is it legal not to pay for the overhaul of an apartment building?

Having considered all the important issues related to paying for the overhaul of an apartment building, we will dwell in more detail on how to legally not pay for this service. There are several similar ways, but it will not work out completely without spending money. So:

In addition, you can, of course, not pay for the service at all, simply by ignoring the received receipt. But such actions may be followed by sanctions from the management company.

What threatens those who do not pay for the services of capital repairs of multi-apartment buildings?

By law, the owners of residential premises have the right to pay not every line in the receipt. However, in reality this is not easy to do. If you stop paying for the overhaul service, then the management company may apply penalties, namely:

Send out additional receipts and notifications about the need to pay the debt.
Calculate interest on the amount owed.
To resolve the issue through the court, where the owner of the apartment will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in his favor. If you fail to properly justify the refusal, then the amount of the debt will probably increase by the amount of legal costs.

As a result, I would like to note that each owner of housing located in apartment building, there are two options for refusing to pay for major repairs legally. The first is to ignore the receipts for the overhaul, which will be unknown when. And the second is to use legal methods to evade a significant part of payments for the service. Naturally, the second option is preferable, since it does not entail the imposition of sanctions from the management company and will not bring to court.

Payments for the overhaul of apartment buildings have been received by Russians for more than a year, but many are still dissatisfied with these payments, which is understandable. Payments for overhaul were introduced precisely when the standard of living in the country sank sharply. The Russians already pay a lot of money for utilities, an additional several hundred rubles a month, which, moreover, are not entirely clear where, many did not want to give and do not want to. There was a lot of talk about the fact that these payments generally have dubious legality, but they still exist. Contributions for capital repairs - to pay them or not in 2018, what is the latest news about who has an exemption for such payments.

Are capital repairs legal?

Doubts about their legitimacy still exist. The fact is that many lawyers immediately drew attention to the fact that tax code Russia directly prohibits the introduction of taxes and fees that are not provided for by its text. There are no contributions to the overhaul in this document so far.

However, these contributions, thanks to the amendments made, are mentioned in another code - the Housing Code. Based on this, both the state and state news agencies inform us that these contributions are completely legal, and everyone is obliged to pay them.

Indeed, from the point of view of the law, everything looks twofold, and even professional lawyers argue on this score. However, one must understand that in practice these contributions were introduced by the state, and in one way or another it forces us to make them, using its right of force. Penalties are charged for non-payment of contributions, we can be forced to pay contributions through the courts, etc.

Even if these payments are indeed against the law, this is not the first and not the last violation of the law by the state.

After all, the majority of Russians supported the country's territorial gains a few years ago, despite the fact that at that moment Russia was directly violating the international treaties it had signed itself. If the inhabitants of the country thought that the same state would not violate its obligations in relation to themselves, it was at least naive.

Until a culture of respect for the law by both the state and every citizen has developed in our country, one should not think that one can only win from a disregard for formal rules. In the end, only the state will win, or rather, officials and businessmen close to them. Ordinary citizens can win in small ways, but lose big, including on endless new payments and contributions that the state will come up with when it needs to find new resources.

To pay or not for major repairs in 2018

It's up to you to decide. But keep in mind that if you do not pay for major repairs, you become a debtor for utilities, even if you regularly pay all other payments to the penny.

Non-payment of payments for major repairs is penalties and fines, which are provided for by the same Housing Code. An operator collecting fees on its accounts can sue you, and any court will take its side, obliging you to pay all debts.

In addition to debt and penalties, in this case, you will also have to pay legal costs.

In addition, if you receive a subsidy for housing and communal services or only apply for it, there can be no talk of any debts for a “communal apartment”. You will simply be denied a subsidy the first or second time you apply for it.

Finally, if you want to sell or exchange an apartment, debts for a “communal apartment” will also become an obstacle, and you will have to pay them off - you need to transfer the apartment to a new owner without debts.

Can any of the residents of apartment buildings not pay for major repairs or pay with a benefit

Perhaps there are several such categories. Firstly, it is worth understanding such a nuance that the law obliges the owner of the housing to pay these contributions, and not the one who uses it. In most cases, this is one way or another the same person, but not always. If the apartment is transferred to a person under a social tenancy agreement and is included in the social housing fund, the owner pays contributions for major repairs, which in the broad sense of the word is the state (even if it is a city or village).

Another option is if the apartment is deprivatized, that is, for some reason a person renounced the ownership rights to it and transferred the housing to the state. Such an opportunity has recently appeared, and according to the law, a person can live in a deprivatized apartment until his death, but it will be considered state-owned. A person will no longer be able to bequeath, sell, donate or otherwise dispose of it. Including it will be impossible to change your mind - the state will not allow the second time to privatize an apartment.

There are also some categories of beneficiaries. It must be understood that the list of beneficiaries is determined at the regional level, so in some parts of the country there may be a benefit, and in others it may be absent, and this will be legal.

Most often, only single people who do not work and who are over 80 years old are completely exempted from payments for major repairs in 2018.

A 50% benefit may exist for single non-working pensioners who are over 70 years old, labor veterans, honorary citizens of a city or region, etc. The list of beneficiaries for payments for major repairs in each region is different, and the length of the list depends on the possibilities of the region's budget. If a region or a republic is well off, there can be many benefits. In a poor region, benefits may not be available at all.

Are tenants required to pay contributions to the fund for major repairs?

Yes, it's a duty. Payment is not imputed only to owners of housing belonging to the emergency fund and certain categories of citizens recognized as the least socially protected.

And notorious Determination No. A-57-APG14-2 dated June 4, 2014, which is referred to, in no way cancels the provisions of the law, it is only an answer to the question of the legality of the regional operator's fund. And what powers does he have?

And about what you need to pay for major repairs, without any rumors it is said in the federal legislation of the Russian Federation which has not yet expired.

Who has the right not to pay?

Who is not obliged to pay for the overhaul of common property in an MKD? There are such "castes" (Federal Law No. 399-FZ of December 29, 2015). The homeowner's overhaul fee is not mandatory for:

Some citizens will be compensated for expenses in the amount of up to 50%: these are disabled people of groups 1 and 2, pensioners from 70 years old (single or living in a family only from people of retirement age), disabled children and those who have a disabled child.

Separately, it is worth mentioning the owners of apartments in new buildings.. The law does not say anything about them and does not single them out in the category of “legitimate non-payers”.

Although in their case we will talk about repairs no earlier than in five to ten years. Are homeowners obligated to pay for major repairs if the building that needs repairs for one reason or another is “under” 5 years old? In this case, all work to restore the new apartment building is assigned to the construction company.

It will not be possible not to pay, but there is every reason to hope that their situation will be taken into account by legislators.

We look at the provisions of the law

Is the overhaul fee mandatory or voluntary? Just a couple of years ago, these contributions were indeed voluntary.

In 2014 (since July 1), changes were made to Federal Law No. 271-FZ. In particular, Article 13 was "adorned" with paragraph 8.2, and it just implies the minimum contributions for overhaul.

Is the law perfect? At the moment, fuzziness is really striking, for example, the absence of a boundary between current repairs and overhauls.

That is, in practice, of course, everyone understands the difference in terminology - Maintenance these are minor corrections, such as painting, plastering, structural repairs. Major works include more large-scale works - improvements in structures, restoration of worn parts, etc.

But the point is that the column in payments from housing and communal services is called "current repairs". But after all, the tenants are already paying for it, and therefore they are indignant: why are they obliged to pay more ?!

In fact, one should only be indignant at the fuzzy formulations of the law which is not always easy to understand right away. In fact, the money will go to the intended purpose.

The trouble is that the boundary between current and major repairs is often very conditional.

Another reason for the dissatisfaction of the inhabitants of the houses is putting money into what they think is a "common pot". That is, there are two "piggy banks":

a special account for a separate building (established in agreement with the meeting of homeowners);
account of the regional operator.

It is clear that the last "piggy bank" is more voluminous and contributions from many houses are received there. Is it necessary to pay to the capital repair fund, because many absolutely rightly do not want to pay for other people's repairs?

But according to the authorities, this should not be feared - a strict record of all incoming tranches is kept and not a single house will be repaired at the expense of another.

trench size in different regions Russia also varies. Its size is influenced by many nuances, such as how old the building is, what material it is made of, whether it has an elevator or not, etc.

No down payment and no payment after down payment: is there a difference?

Contributions are preliminary, the work will be done when the required amount is accumulated in the account. The HOA can completely take this process into their own hands and open their own account.

Truth, there is one "but"- if the deadline is right, but it turns out that there are no funds, the owners will have to take a loan from the bank.

Are we obligated to pay for major repairs of the house if there is no contract? There is also an opinion: if the contract is not signed and the first payment has not been made (it is he who is an effective confirmation of the party about the existence of contractual relations), then there is no need to pay.

At the same time, they refer to Article 425 of the Civil Code, which regulates the adoption of the contract.

Article 425. Validity of a contract

The contract comes into force and becomes binding on the parties from the moment of its conclusion.
The parties have the right to establish that the terms of the agreement concluded by them apply to their relations that arose before the conclusion of the agreement, unless otherwise provided by law or follows from the essence of the relevant relations.
The law or the contract may provide that the expiration of the term of the contract entails the termination of the obligations of the parties under the contract.
An agreement in which there is no such condition is recognized as valid until the moment of completion of the fulfillment of obligations by the parties specified in it.
The expiration of the contract does not release the parties from liability for its violation.

I would like it so much, but in fact everything again rests on the notorious the federal law No. 271-FZ and.

It is they, and not the contract, that dictate to the owners of apartments whether to pay or not. The need for payment is clearly stated in the regulatory legal acts.

After the adoption of the law, eight months were allotted for the owners of the apartments to decide at the general meeting who they will transfer the contributions to - the regional operator or to the special account of their building.

Because it is the general meeting of owners that is the governing body of the house (Article 44 of the LCD), but it is not the final authority.

If no decision is made, no big deal.— the regional account already exists and is kindly provided by the municipality.

Do I have to pay for repairs? As you can see, the question “is it possible not to pay” is not worth it at all - legally required to pay for repairs. The choice is “where to transfer contributions” - and here the owners are given a certain freedom of action.

Worth paying or not?

Worth it if you don't want trouble Firstly(because only the fear of punishment can force many citizens to comply with the established rules).

And secondly, it’s worth it if you want to live in a habitable house - after all, all tranches are strictly taken into account and repairs of houses are carried out at their expense.

So, it turns out that citizens do not pay the Management Company, but themselves.

Consequences

Adverse:

a gradually deteriorating building (it is not only unpleasant to live in, but sometimes unsafe. Few people want to guess when entering the elevator whether it will safely reach the desired floor or not);
notifications from the Management Company;
late payments and accrual of penalties;
trial.

The amount of penalties will depend on what tariffs are set in a particular region taken.

Separately, it should be mentioned how it can react Management Company. Utilities have the right to notify the debtor of overdue contributions(official document, mailed with a notification under the signature), and then apply sanctions.

This includes the shutdown of utilities. And the presence of minor children will not be an obstacle.

And the measures will follow (clause 80 of the Rules for the provision of public services). Up to the "heavy artillery" (claim demanding eviction), because According to Deputy Minister of Construction and Housing A. Chibis, the situation is almost desperate.

Approximately one quarter of Russians do not consider it necessary to comply with the provisions of the law on mandatory contributions for a major overhaul. Whether the authorities will allow someone to disobey the law is a rhetorical question.

So when you ask yourself the question, “Do I have to pay into the home improvement fund?”, think about this one more thing - The best way avoid problems from non-payment is not to allow it.

To do this, it is necessary to realize that even though the wording of the law may still be far from perfect, but you pay in any case to yourself and only to yourself- for a comfortable and safe stay.

It is not the first year that a new expense column for a communal apartment has appeared in Russia - a major overhaul. But there are still disputes among residents of apartment buildings, overhaul: to pay or not for this service?

And why suddenly the duty that the state has always performed was shifted onto the shoulders of the owners?

Many residents of high-rise buildings still do not understand what they are paying for and how much it is legal to charge them for overhaul.

Others are sure that this payment is nothing more than another illegal ploy of utilities to collect funds from the population and it is not necessary to pay it. But first things first.

The Civil Code gives a very specific definition of this phrase. Overhaul - a set of works carried out with the aim of restoring structures, elements, replacing engineering networks and even some load-bearing elements.

Overhaul sets quite specific tasks - eliminating the problems associated with the depreciation of the building, and bringing it into a condition suitable for further operation.

The scope of work also includes measures to replace obsolete mechanisms with more modern ones, for example, the replacement of elevators and meters. It is understandable that in terms of cost, such repairs are much more expensive than cosmetic ones.

Money for overhaul goes to the account of the regional operator. He also draws up a plan, which house in which year should be subject to major repairs.

The amount of payment for repairs is not so large, while the cost of a major overhaul of a house is estimated at millions of rubles.

What if the house needs urgent renovation, and he has not yet collected the required amount? For this, a regional operator was created.

The regional operator's accounts receive monthly funds from all houses. Houses requiring urgent repairs receive them on time. Money for repairs is taken in advance from the general fund.

Residents of the renovated house continue to pay for major repairs, repaying the amount borrowed. Thus, residents of old houses get the opportunity to carry out timely repairs without collecting astronomical sums on their own in the shortest possible time.

Is it necessary to make a monthly payment after the repair? Of course, because the money for the repair of this house was taken in advance, and it must be returned so that the rest of the houses also have the opportunity for timely repairs.

At times Soviet Union the entire housing stock was on the balance sheet of the state. Therefore, all expenses for the maintenance of apartment buildings were borne by the state.

But with the privatization procedure, most of the apartments (today about 85% of the total housing stock) became the property of residents.

With the right to their square meters, the newly minted owners have acquired the obligation to maintain these meters in a habitable condition.

It is quite clear that each owner independently carries out repairs to his living space.. But since the apartment is part of a large house, you have to take responsibility not only for your own square meters, but also for common house property.

It includes an attic, basement, entrance, house adjoining territories.

It is possible, but it is fraught with forfeits and fines. Even if you make all utility bills on time and in full, but at the same time ignore the receipt for the overhaul, you are a defaulter. This is clearly stated in the legislation.

But for those who are seriously concerned about the idea of how not to pay for a major overhaul on a legal basis, we can only say one thing, it is still possible not to pay for it, but not for everyone:

The legislation provides for the possibility of making changes to this list within a particular region at its discretion.

If you are not on the official list of those who legally do not pay for major repairs, you do not have the right to evade this payment.

The amount of the overhaul fee is made up of several parameters. In particular, the region in which the property is located is of no small importance.

So, for example, in Moscow in 2019, the overhaul tariff is 17 rubles per 1 sq. m, while in St. Petersburg this amount starts from 3 rubles. The national average tariff for overhaul is from 5 to 7 rubles per 1 sq. m. m.

The rate will depend not only on the region of residence, but also on the type of building in which the apartment is located. So, for example, in the Altai Territory, the fee ranges from 4.73 rubles to 5.79 rubles per square meter.

The minimum tariff of 4.73 rubles is provided for residents of apartment buildings from 5 floors and above. A tariff of 5.26 rubles is paid by residents of brick and monolithic, block and panel houses with a height of up to 4 floors.

For residents of wooden multi-apartment buildings of mixed structures, the highest tariff is provided - 5.79 rubles.

Such a gradation of tariffs did not appear just like that, wooden houses are more subject to wear and tear and require more funds to repair. While monolithic and brick houses wear out less.

The more floors in the house, the more residents participate in the collection of money for its repair. At the same time, the most expensive part of the work - the roof and basement, are equal in volume to a standard 4-storey building. Some regions have abandoned tariff gradation by introducing a single rate for all owners.

The tariffs established by the state are not the final amount, but only the minimum, below which the tariff for overhaul cannot be.

And with mutual desire, the owners of an apartment building can decide at a general meeting to increase the amount of payment for repairs. Thus, the collection of money will accelerate and the house can be repaired ahead of schedule.

Residents of the house will be able to order an additional amount of work that is not included in the list of standard overhaul services with the funds collected in excess of the required funds. For example, install a modern playground or equip a football field.

To get the full amount of the monthly payment, it is necessary to multiply the tariff accepted for this house by the area of the apartment. The area of loggias and balconies is not taken into account.

So at a rate of 5.79 rubles per 1 sq. km. m resident one-room apartment an area of 40 sq. m will pay monthly at 231.6 rubles, while the owner three-room apartment in the same house with an area of 65 sq. m will pay 376.35 rubles.

The payment is calculated by the regional operator based on all available tariffs.

Recently, for the convenience of the owners, the line for overhaul has been removed from the receipt for payment for LCD services and placed on a separate form. This allows you to transfer the amount for overhaul to a separate current account, bypassing intermediaries.

Do I need to pay for major repairs in a new building? This question arises not by chance, it would seem, what kind of overhaul can we talk about if the builders left the house only yesterday.

That is why there is a certain delay for residents of new buildings. Legislatively, it is designed for no more than five years.

During this period, the house is under warranty, and if serious shortcomings are detected during this time, the developer will be obliged to eliminate them on their own.

The legislation provides for a delay for new buildings in the period of 3-5 years. From what time to start paying, determine the regional authorities.

But in any case, as soon as the grace period expires, the house will be entered into the register of participants in the overhaul program, and the tenants of the apartments will begin to pay for the overhaul.

Even if you are a regular payer and the only payment that you categorically ignore due to some of your inner convictions - the overhaul fee - you are a debtor.

So what will happen if you do not pay for the overhaul of an apartment building, and in your convictions? A debt reminder will be sent until the payment is paid.

If this does not happen, a statement of claim will be drawn up against the debtor and the debt will still have to be returned, but already taking into account court costs.

Even a debt of several months will lead to a kind of fines in the form of penalties - penalties for non-payment. And every month the size of the penalty will grow in proportion to the growth of the total debt.

If a person uses subsidies and benefits when paying for utilities, he may be deprived of this prerogative.

If for some reason the owner does not receive a receipt for the overhaul payment, but at the same time he knows for sure that it should be, you can find out the payment amount yourself.

Information about all payers is available from the regional operator that accepts payments for capital repairs. It is enough to go to the operator's website and enter your personal account.

If payments for overhaul are not received at the expense of the regional operator, but at a separate account of the house, the amount of debt can be found in the settlement department of the HOA, to which the house is listed.

There is only one conclusion, whether it is necessary to pay for the overhaul of an apartment building, everyone decides for himself. But in case of non-payment, problems will definitely increase.